What happens when 485 gets approved while using AC21?

[coolman]

Hi,

My i140 was approved yesterday. My i140/i485 was filed concurrently 18 months ago (so 485 has been pending for more than 180 days). There have been many layoffs in my company and I cannot say how long will I last in my current job. Due to this I had started looking for jobs and had accepted a position a month back. My H1 was also filed and it was approved a few days ago. My current intent is to switch employers in 2-3 weeks by using AC21. I know I can clearly use AC21 as long as my 485 remains pending. However, what happens if my 485 gets approved in next 2-3 days. Can I still use AC21? I intend to stay in my new job permanently. Does one actually have to be working in his/her new job when 485 gets approved or you go for stamping or when you actually get the plastic card to invoke AC21? A lot of people on this board have said that you don't have to notify INS about change in employment till you get RFE. So when does INS know that you are invoking AC21

What do you need for passport stamping?

Comments?

 

[ginnu]

Hi,

My i140 was approved yesterday. My i140/i485 was filed concurrently 18 months ago (so 485 has been pending for more than 180 days). There have been many layoffs in my company and I cannot say how long will I last in my current job. Due to this I had started looking for jobs and had accepted a position a month back.
My H1 was also filed and it was approved a few days ago.
--good back up plan
My current intent is to switch employers in 2-3 weeks by using AC21. I know I can clearly use AC21 as long as my 485 remains pending. However, what happens if my 485 gets approved in next 2-3 days. Can I still use AC21?
------ AC21 can only be used Before I-485 gets approved that is what I read, if you are going to change employer just send the AC21 lettr to USCIS with cetified return reciept .

I intend to stay in my new job permanently. Does one actually have to be working in his/her new job when 485 gets approved or you go for stamping or when you actually get the plastic card to invoke AC21? A lot of people on this board have said that you don't have to notify INS about change in employment till you get RFE.
--- if you get RFE they ask long list of documents, I prefer to send AC21 before any RFE so that they have info attached to your pending I-485 file
So when does INS know that you are invoking AC21
--- when you update the USCIS or when they ask RFE
What do you need for passport stamping?
--I-485 approval notice and passport
Comments?

 

[tammy2]

This is tough thing to answer. It was our understanding that you can change the job any time after six months and before approval it should not matter whether you informed BCIS or not. But recently One of the top law firm gave the advice green card is not usable since he did not inform the BCIS before the approval about change of intent. Even then that person went ahead and got it stamped.

If you face the problem it will be after five years or ten years.